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Nod Letter - Need Help!


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#1 Draggin'

 
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Posted 23 September 2010 - 02:56 AM

OK here is my sample Notice of Disagreement letter.
______________________________________________________________________________________________

Part 1

NOTICE OF DISAGREEMENT

I am sending to inform you that I disagree with the decision made October 1, 2009 for the below mentioned issues. I wish to appeal this decision and request a DRO denovo review for all below mentioned issues.

Part 2

Issue #1 - Denied Knee Pain, left knee

Issue #2- Awarded Ankle Pain, right ankle

(etc...here I am just listing the decisions I disagree with that they either denied me on or awarded and the award is too low)

Part 3

REQUEST FOR RECONSIDERATION

I would also like to ask for reconsideration on the following issues

Issue #1 - Denied Knee Pain, left knee

(etc...here will be a repeat of the issues of Part 1)

Part 4

Also attached is an application for TDIU.

Sincerely
Signature
_____________________________________________________________________________________________

My questions...

#1 What do you think?

#2 I do not have specific information to send in with this yet. I do not have my medical records yet. Although it can be seen in my recent VA medical records that I have been , and am currently being seen for these issues. In all "issues" I am only stating the claim that was made and whether it was denied or awarded - no other details, no reason why I disagree, etc. Is this sufficient-just for now?

#3 Is it OK to send in an application for TDIU with this?

My deadline is the 30th, and I will be personally taking this to my RO to insure it gets there! We have tried to compile more information but it has taken everything to get the PTSD and marriage proof in...along with numerous trips to outpatient and VA Dallas to get my medical issues worked on. Is this good enough to get it started?!! How will I send in additional information later?

Thanks so much
Draggin'


 

 



#2 carlie

 
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Posted 23 September 2010 - 08:08 AM

OK here is my sample Notice of Disagreement letter.
______________________________________________________________________________________________

Part 1

NOTICE OF DISAGREEMENT

I am sending to inform you that I disagree with the decision made October 1, 2009 for the below mentioned issues. I wish to appeal this decision and request a DRO denovo review for all below mentioned issues.


Draggin,

Looks like you've been "Draggin" your feet almost too long on filing a NOD and I don't see
why you would feel you have time to now submit a request for Reconsideration on any issue
that relates to something from a Rating Decision dated October 1, 2009.

Keep the NOD fairly simple, all you need do at this time is state what you disagree with.

There is a NOD example at Hadit - I believe you can find it on our homepage.

I suggest you do not break a NOD down to:

Part 1
Part 2
Part 3

You will just muddy the waters that way.

#3 Draggin'

 
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Posted 27 September 2010 - 03:54 AM

Tis why they call me Draggin'!
And this helped, it's exactly what I needed to know!
Thanks
Draggin'

Draggin,

Looks like you've been "Draggin" your feet almost too long on filing a NOD and I don't see
why you would feel you have time to now submit a request for Reconsideration on any issue
that relates to something from a Rating Decision dated October 1, 2009.

Keep the NOD fairly simple, all you need do at this time is state what you disagree with.

There is a NOD example at Hadit - I believe you can find it on our homepage.

I suggest you do not break a NOD down to:

Part 1
Part 2
Part 3

You will just muddy the waters that way.



#4 Tbird

 
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Posted 27 September 2010 - 03:58 AM

Here is a link to the sample NOD letter http://goo.gl/Uinv

#5 Draggin'

 
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Posted 27 September 2010 - 05:48 AM

Thank you TBird
I found it on the home page and quickly dove in!
It was exactly what I needed to see to get me started on my new "job" for the week.
Thanks

Here is a link to the sample NOD letter http://goo.gl/Uinv



#6 carlie

 
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Posted 27 September 2010 - 07:15 AM

Draggin,
You don't even have a whole week left.

If you are ONE day late on your NOD the VA will say you
did not file your NOD in a timely manner and if you would like to
re-open the claim issue you must provide New and Material evidence.

When you provide N&M evidence you loose the effective date
you had before and get a new effective date for the start date of compensation
when it gets granted.

#7 Philip Rogers

 
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Posted 27 September 2010 - 10:24 AM

I agree w/carlie but they also allow delivery time. They generally allow 3-5 days, from the date of the letter, for delivery. However I wouldn't cut it that close. jmo

pr

#8 Vync

 
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Posted 27 September 2010 - 10:50 AM

It might be worth driving to the VARO and getting your NOD copied and date-stamped when you deliver it. This way you would have proof that they actually did receive it before your NOD deadline.

#9 Draggin'

 
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Posted 27 September 2010 - 03:53 PM

That's the plan!
Funny, last time we were there the lady said that she didn't have the time stamp and it was locked up and she didn't have access to it.
What's up with that?!!
So we want it copied after they date stamp their copy, correct??? Or will they just date stamp both our copy and theirs?
Draggin'

Edited by Draggin', 27 September 2010 - 03:55 PM.


#10 carlie

 
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Posted 27 September 2010 - 06:31 PM

Read my lips ................


I need a copy with a date stamp please ! ! !

#11 jbasser

 
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Posted 27 September 2010 - 08:34 PM

Get R done. Dont miss the deadline or you will be royally screwed.

J

#12 carlie

 
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Posted 27 September 2010 - 10:14 PM

Draggin,
Here's an example for you.
Read cannoncocker's new dilema in the claims system
regarding filing a timely NOD.



http://www.hadit.com...328#entry220328

#13 Draggin'

 
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Posted 28 September 2010 - 04:11 AM

Well, wife and I got the NOD letter done. OK, she did. She did such an awesome job on my PTSD stressor letter and proof (managed to get that one reopened and get me 50% first try!)
I'm including the NOD here. Yes there is a LOT there :ohmy: , and there was more in my original claim...(this was something advised by our VSO). And YES, I am young and yes these are legitimate issues, 90% of which were diagnosed and confirmed with C&P and simply denied service connection on a direct basis. And yes I feel like "poo" on a consistent basis. :wacko: I would have more information in there right now if it wasn't for the time crunch and due to the differences I've had with my first Primary Care doc. We're on our way to Regional Office tomorrow.
You can comment on the letter, not sure if it will do me any good before we leave. But I hope it may do some good for someone else for future reference.
Draggin'

_________________________________________________________________________________________________________________________________________
September 25, 2010

Department of Veteran Affairs
VA Regional Office

Attention: SS# - In Reply to: document #


To Whom it May Concern,

I received a rating decision dated October 1, 2009. Consider this letter to be an official Notice of Disagreement (NOD) regarding the following disability/disabilities:

GERD 10% Awarded (#2)- The severity of this disability warrants a higher rating. Also, this disability causes secondary issues including the "Diarrhea and Excessive gas (#10)", "Chest pain and tightness (#22) " and "Ulcer (#36)" claims that were made on April 30, 2009.

Right Ankle Sprain 10% Awarded (#3)- The severity of this disability warrants a higher rating. This disability also contributes to a bilateral condition and therefore warrants a bilateral award.

Lumbosacral strain 10% Awarded (#6)- The severity of this disability warrants a higher rating.

Patellofemoral Syndrome (Left Knee) 10% Awarded (#4)- The severity of this awarded disability warrants a higher rating and is causing secondary issues that need to be considered. This disability also contributes to a bilateral condition and therefore warrants a bilateral award.

Right Shoulder Strain 10% Awarded (#5)- The severity of this awarded disability warrants a higher rating and is causing secondary issues that need to be considered, including aggravating non service connected left shoulder strain and neck pain.

Migraine Headaches 0% Awarded (#8)- The severity of this disability warrants a higher rating. Coincides with right shoulder strain and neck issues.

Left Ankle Sprain (#9)- I disagree with the denial of service connection, also the severity of the condition has since increased. I disagree with the denial of service connection due the amount of physical exertion needed to perform my job duties in the field.

Right Hip Pain (#15)- I disagree with the denial of service connection and the evaluation of the severity of the condition. Also, this is aggravated by a service connected condition in the legs and back. I disagree with the denial of service connection due the amount of physical exertion needed to perform my job duties in the field.

Left Hip Pain (#16)- I disagree with the denial of service connection and the evaluation of the severity of the condition. Also, this is aggravated by a service connected condition in legs and back. I disagree with the denial of service connection due the amount of physical exertion needed to perform my job duties in the field.

Hypothyroid (#17)- I disagree with the denial of service connection and the evaluation of the severity of the condition. Prescriptions have been doubled. Contributes to weight gain/obesity and GERD.

Patellofemoral Syndrome (right knee) (#18)- I disagree with the denial of service connection and the evaluation of the severity of the condition. Also, this is aggravated by a service connected condition (right ankle). I disagree with the denial of service connection due the amount of physical exertion needed to perform my job duties in the field.

Muscle Pain (left leg) (#19) - I disagree with the denial of service connection. Also, this is aggravated by a service connected condition in the legs/feet. I disagree with the denial of service connection due the amount of physical exertion needed to perform my job duties in the field.

Muscle Pain (right leg) (#20)- I disagree with the denial of service connection and the evaluation of the severity of the condition. Also, this is aggravated by a service connected condition in the legs/feet. I disagree with the denial of service connection due the amount of physical exertion needed to perform my job duties in the field.

Overweight / Obesity (#24)- This condition is a symptom of depression and PTSD and is aggravated by the medications for a service connected condition (PTSD).

Skin Irritation Between Toes (#28) - I disagree with the denial of service connection. I have had consistent problems with severe athlete's foot and my feet stayed constantly wet in my boots while in service. This is a condition I had to learn to self medicate and deal with, therefore, it slipped my mind to have it looked at by my doctor. It was not apparent during C&P exam, but it is a recurrent and painful problem.

Restless Leg Syndrome (#30)- I disagree with the denial of service connection. I am prescribed medication for this. Associated with service connected PTSD.

Pain and degenerative changes top of foot (both feet) (#31) - I disagree with the denial of service connection due the amount of physical exertion needed to perform my job duties in the field.

Left Shoulder Pain (#34)- I disagree with the denial of service connection. It also states in award letter #34 that "Service for left shoulder pain is granted.", but no award was granted. Also, this is aggravated by a service connected condition. I disagree with the denial of service connection due the amount of physical exertion needed to perform my job duties in the field.

Snoring (#35)- This is caused by a service connected condition. (PTSD, depression, and associated sleep disorder and weight gain).

Right Wrist Tendonitis (#38)- I disagree with the denial of service connection due the amount of physical exertion needed to perform my job duties in the field.

Left Wrist Tendonitis (#39) - I disagree with the denial of service connection due the amount of physical exertion needed to perform my job duties in the field.

Plantar Fascitis, Bilateral (#41) - I disagree with the denial of service connection due the amount of physical exertion needed to perform my job duties in the field.

Chronic Fatigue (#43) - This symptom/condition was caused or intensified by medication currently prescribed for a service connected disability. (PTSD). Also this is a secondary symptom of service connected PTSD and Sleep Disorder.

Neck Condition (#44) - I disagree with the denial of service connection due the amount of physical exertion needed to perform my job duties in the field. Related to service connected migraines and shoulder.

Nightmares (#40) - Related to PTSD/Sleep Disorder which was later awarded. It was stated in 1st award letter (October 9, 2009) that compulsive behaviors are related to PTSD and should be considered in the overall evaluation of PTSD. I feel this was not evaluated and diagnosed as it should have been. Nightmares have increased in severity in spite of medication.

Anxiety (#25) - Related to PTSD/Sleep Disorder which was later awarded. It was stated in 1st award letter (October 9, 2009) that compulsive behaviors are related to PTSD and should be considered in the overall evaluation of PTSD. I feel this was not evaluated and diagnosed as it should have been. Anxiety has increased in severity in spite of medication.

Depression (#45) - Related to PTSD/Sleep Disorder which was later awarded. It was stated in 1st award letter (October 9, 2009) that this condition was related to PTSD and should be considered in the overall evaluation of PTSD. I feel this was not evaluated and diagnosed as it should have been. Anxiety has increased in severity in spite of medication.

Memory Loss with confusion (#12) - I disagree with the assessment of the severity of this condition. Also, this condition is aggravated by the medications prescribed for PTSD.

Fibromyalgia (#37) - I disagree with the denial of service connection. Although there are verified sources of joint pain as explained in denial reason, there are still widespread and unexplained pains with no diagnosis, such as back, neck, hips, shoulder, all fingers, feet, and muscles etc.

I am requesting a De Novo Review by a new Decision Review Officer.

Sincerely

Signature



#14 Cm Burns

 
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Posted 24 October 2010 - 05:49 PM

When you file the NOD IS ALL YOU NEED TO SEND IS THE LETTER. Should you send the evidence with it.

#15 john999

 
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Posted 24 October 2010 - 06:59 PM

You would not want to mix a NOD with a Reconsideration request in the same document anyway. This is just too much for the VA to comprehend. You should keep it simple. Remember, if a six grader can't understand it then the VA can't understand it. I would drive to the VARO and get date stamped copy.

#16 COOL BREEZE

 
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Posted 25 October 2010 - 12:01 AM

You would not want to mix a NOD with a Reconsideration request in the same document anyway. This is just too much for the VA to comprehend. You should keep it simple. Remember, if a six grader can't understand it then the VA can't understand it. I would drive to the VARO and get date stamped copy.


This is terrible. That is exactly what I sent in a month ago. A big certified envelope with a copy of a NOD, and a separate letter for a reconsideration, lots of other info as well. I just saw a post here that someone stated that when you send all this in, in goes into a new case and sits for 90-120 days before someone even looks at this through the development stage. Then the forms are sent out from the VA. Until then, all this sits and collects dust all over again. So the crap that the DVA gave that I would receive a letter back in 1 month is just as stated. A RECONSIDERATION, or anything sent to them must go through the same waiting period as everyone else. Why should they look at in any sooner, they might have to give you some more dinaro sooner. I DID AN iris and they had the nerve to send me a letter that said since I didn't provide my ss # they couldn't give me any info. Wrong, you can't even process that with out that info, it will give an error message. At least I have plenty of time to send more medical info in. I sent it in quickly so that would be once less issue, filing late, so sorry sucker.

#17 john999

 
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Posted 25 October 2010 - 10:13 AM

Draggin

You have many issues and you have to prove each one is service connected or low balled via your SMR's and possible IMO's. You will have to very carefully organized your evidence so the VA does not make a mess out of it. Consider that you are dealing with almost 30 separate issues. Maybe later on you can combine some of these issues and get to 100%.